Dangerous Driving

Dangerous Driving - Dangerous Driving Charge CCC 249

Criminal Code of Canada section 249

1.Every one commits an offence of Dangerous Driving who operates;

(a) a motor vehicle in a manner that is dangerous to the public, having regard to all the circumstances, including the nature, condition and use of the place at which the motor vehicle is being operated, and the amount of traffic that at the time is or might reasonable be expect to be at that place;

(b) a vessel or any water skis, surf-board, water sled or other towed object on or over any of the internal waters of Canada or the territorial sea of Canada, in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of those waters or sea and the use that at the time is or might reasonably be expect to be made of those waters or sea;

(c) an aircraft in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of that aircraft or the place or air space in or through which the aircraft is operating.

(d) railway equipment in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of the equipment or the place in or through which the equipment is operated.

2. Every one who commits an act of Dangerous Driving under subsection 1;

(a) is guilty of an indictable offence and liable to imprisonment for a term not to exceed five years; or

(b) is guilty of an offence and is punishable on summary conviction.

Synopsis

Section 249 of the Criminal Code of Canada makes it an offence to drive or operate a motor vehicle in a manner that is dangerous to the public. To determine if the driving is dangerous, the section states that the court must consider all of the circumstances of the actions of the accused, such as the nature, conditions and the use of the place as well as the amount of traffic that is or might be expected to be present.

As well for a conviction of Dangerous Driving the court should consider that there was a danger to the public, who either were present or who might have been present, including for example a passenger in the car.

The court also has to consider the mental element of the charge, that there be some proof of an intention to operate a motor vehicle in away which would be a departure from the standard care that a normal driver would be expected to act.

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